Important points to understand in a domestic violence restraining order

On Behalf of | Mar 12, 2020 | Domestic Violence

A restraining order is a court order intended to help protect a victim from an abuser. To get a restraining order, a person must petition the court and provide evidence that he or she is in danger due to the other person’s actions. The court will give both sides a chance to plead their cases. 

According to the Florida Courts, once a person files for a restraining order, he or she may receive a temporary injunction, which is a temporary order that will provide him or her with protection until both parties can go to court. If someone files a domestic violence restraining order against you, it is imperative that you understand the rules for the order and any temporary injunction. 

No contact 

The biggest impact of a restraining order or a temporary injunction is that you cannot have contact with the person who filed the petition or petitioner. This means that if you live in the same house, you will have to move out and cannot return to the home as long as the order is in effect. 

Children and custody 

If the court grants an order, it may also give the petitioner full custody of any children you both share. This is often temporary, but it does mean that you cannot see or interact with your children until a court changes the order or the time limit on the order expires. 


If you own firearms, you may need to surrender them during the temporary injunction. If the court grants the restraining order, then you must surrender all firearms in your possession. 

Violating any of the terms of a restraining order is a serious matter. You must do everything the court tells you to do under the order. If you fail to do so, the court may take further action against you, which may include filing criminal charges. 


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